Queensland, May 18: WO brothers filmed their young niece and nephew in sexually explicit positions when they visited them on holidays, a court heard today.
In the District Court late last year, the brothers, who can’t named under Queensland law, pleaded guilty to various child computer sex charges.
One man, 37, pleaded guilty to possessing child exploitation material and making child exploitation material on various dates between October 2009 and January 2010.
He was jailed for two years to be suspended after eight months on each charge.
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His brother, 39, pleaded guilty to two counts of making child exploitation material in the same period.
He was given a wholly suspended six-month jail term because of his severe cognitive deficits.
The younger brother appealed his sentence as being manifestly excessive.
The Court of Appeal heard police raided the men’s house and found material including five films of the girl, then 14, undressing and entering a shower. She was also shown fondling herself.
The older brother had also filmed the girl and her brother, then 11, while they were visiting from interstate.
Police found other pornographic images of young children and cartoon images which were also pornographic.
After an examination of precedent cases the Court of Appeal upheld the appeal but only on the possessing charge.
While reducing that sentence, as a matter of principle, it left the sentence for making the film at two years suspended after eight months.
It means the men will serve the same amount of time in jail.
–Agencies–